Where should I file my newly formed LLC?

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Where should I file my newly formed LLC?

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StephB

posts: 6

Jan 26, 2009 12:35 AM ET Quote Report Abuse

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Hi All,

I am in the process of creating an LLC, however, I am not certain which state I should file in. I live in Virginia; however, I will be conducting primarily all of my business in New York, until I am ready to expand. I`ve gotten several different answers to this question, even from attorneys, so any assistance that you can provide will be greatly appreciated.

Thank you!

LSnyder

posts: 29

Jan 26, 2009 2:01 PM ET Quote Report Abuse

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Hi StephB,

My name is Lisa and I work for the Pepper Law Group, LLC in New Jersey. Daniel Pepper specializes in this area, maybe you should give him a call. He does offer a free 1/2 hr consultation. Give me a call to schedule 908.698.0330

StephB

posts: 6

Jan 27, 2009 12:22 PM ET Quote Report Abuse

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Thank you ... I will give him a call.

Best Regards,

Stephanie

gregmetro

posts: 40

Apr 14, 2009 10:29 PM ET Quote Report Abuse

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it does not matter where you live, but where your business lives. What type of business are you conducting in NY? how big of a precance will you have there? meaning do you plan on having employess or an office in NY?

Because of publications required New York LLCs can be expensive.

KenRogers

posts: 46

Apr 15, 2009 8:51 AM ET Quote Report Abuse

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It seems you have to file for the LLC in NY as domestic or foreign (foreign being a LLC that is registered somewhere else). The publication requirements are the same, so cost is not a factor. The LLC fee and bi-annual requirements are similar as well.

Since you have to file something in NY and the costs are similar, then I would think about where are most of your operations and employees. If that is in NY, I would file as a domestic LLC in NY. If your operations are in VA and you just happen to serve clients in NY, then a NY foreign LLC may be a better option.

Legally, if you have NYS and NYC sourced income, the state and city wants income tax on their share of NYS and NYC income. If your base is in VA, I am not sure how NYS would know you serve clients in NY

, but it is usually more costly to find that out from the state after the fact

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Where should I file my newly formed LLC?

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